R.F. v. D.G.W. ex rel. J.M.W

R.F., the petitioner here, appealed to the Colorado Court of Appeals from a refusal by a trial court to set aside a default judgment entered against him in a paternity case. The court of appeals affirmed the judgment of the trial court. People in the Interest of J.M.W., 36 Colo.App. 398, 542 P.2d 392 (1975). We granted certiorari and we now reverse.

In February, 1974, a Petition in Paternity Proceedings was filed by D.G.W. naming R.F. as respondent. In accordance with section 19-6-103, C.R.S. 1973, the court issued a summons requiring R.F. to appear for a hearing on the petition on April 8,…